Download or read book Attorney General Opinion No 1997 023 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 18 U.S.C. section 1161 and section 26(C) of the Indian Gaming Compact between the State of Kansas and the Sac and Fox Nation of Missouri in Kansas and Nebraska each provide for regulation of tribal liquor sales in accordance with state law. The United States Supreme Court in Rice v. Rehner held that 18 U.S.C. section 1161 confers concurrent jurisdiction on the states and the tribes over liquor transactions in Indian country. This grant of authority has been held to include regulatory as well as substantive law. Thus, the Sac and Fox Nation will be required to obtain a state license before beginning liquor sales at the tribal casino. Because the casino is located in Brown County which has not opted to allow drinking establishments within the county in accordance with Article 15, Section 10 of the Kansas Constitution and K.S.A. 1996 Supp. 41-2646, the Tribe may not operate a drinking establishment at the casino. The Tribe may, however, apply for a club B license. Cited herein: K.S.A. 1996 Supp. 41-2601; K.S.A. 41-2634; K.S.A. 1996 Supp. 41-2641; 41-2642; K.S.A. 41-2646; Kan. Const., Art. 15, section 10; 18 U.S.C. sections 1151, 1154, 1156, 1161; 3113, 3488, 3669.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Attorney General Opinion No 1997 049 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1996 Supp. 79-3234 and K.S.A. 46-1106(g) authorize the Post Auditor to access from the Department of Revenue state income tax returns and return information necessary for the conduct of an audit directed by the Legislative Post Audit Committee pursuant to K.S.A. 46-1108. 26 U.S.C.A. section 6103 does not prohibit disclosure of state income tax returns or return information to the Post Auditor pursuant to K.S.A. 1996 Supp. 79-3234 and K.S.A. 46-1106(g). Cited herein: K.S.A. 46-1106; 46-1108; 46-1114; 46-1119; K.S.A. 1996 Supp. 79-3234; 26 U.S.C.A. section 6103; 26 C.F.R. section 301.6103(a)-1, (p)(7)-1.

Download or read book Attorney General Opinion No 1997 103 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An individual who formerly served as a district court judge and was not reelected is not a "retired judge" pursuant to K.S.A. 1996 Supp. 23-104a and, therefore, may not officiate at marriage ceremonies. Cited herein: K.S.A. 20-208; 20-2606; 20-2608; 20-2610; 20-2616; K.S.A. 1996 Supp. 23-104a; K.S.A. 75-6101.

Download or read book Attorney General Opinion No 1997 084 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1996 Supp. 65-1466 authorizes a dentist or dental hygienist to practice as an employee or to otherwise contract with a 501(c)(3) not-for-profit corporation [which also qualifies under K.S.A. 65-431(b)], an indigent health care clinic, a federally qualified health center or a local health department to provide dental services to dentally indigent persons. These qualified entities may either define the term "dentally indigent" as provided in the statute or may, in accordance with the statute, define the term more restrictively. A federally qualified health clinic or other qualified entity may also define the term more broadly, but may employ or otherwise contract with licensees of the Kansas dental practice act to serve only those who qualify under State law as dentally indigent. Cited herein: K.S.A. 65-431; 65-1401; K.S.A. 1996 Supp. 65-1424; K.S.A. 1996 Supp. 65-1435; 65-1436, as amended by L. 1997, Ch. 81, section 2; 65-1466; 26 U.S.C. section 501(c)(3); 42 U.S.C. 254b; 42 C.F.R. section 51c.303.

Download or read book Government Code written by Texas and published by . This book was released on 2000 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Attorney General Opinion No 1997 012 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1997 071 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.

Download or read book Attorney General Opinion No 1997 087 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 60-2201 and the doctrine of lis pendens generally apply to tax foreclosure proceedings commenced pursuant to K.S.A. 79-2801 et seq. Cited herein: K.S.A. 60-2201; 79-1804; 79-2301; K.S.A. 1996 Supp. 79-2801; K.S.A. 79-2804; G.S. 1949, 60-2530; G.S. 1935, 60-2601; G.S. 1935, 60-3458.

Download or read book Attorney General Opinion No 1997 022 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.

Download or read book Attorney General Opinion No 1997 058 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislative intent and language of the Tax Increment Financing Act do not authorize its use to fund a golf course adjoining an undeveloped residential area or street, sewer and water improvements for a housing development in an undeveloped area where neither area meets any of the four preconditions of a redevelopment district. Cited herein: K.S.A. 1996 Supp. 12-1770; 12-1771; 12-1774; L. 1976, Ch. 69; L. 1976, Ch. 52, section 1; L. 1982, Ch. 75, section 7; L. 1991, Ch. 59, section 1; L. 1994, Ch. 63, section 1; L. 1996, Ch. 228, section 2; 1997 H.B. 2179, 2349, 3121.

Download or read book Attorney General Opinion No 1997 061 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If property is sold at a tax foreclosure sale for more than the judgment lien and its share of the costs of the proceedings and sale, the excess proceeds shall be paid to the "owner or party entitled thereto" as determined by the court. If, however, such owner or party cannot be located, the court should retain the excess proceeds for a period of one year after which the proceeds should be transferred to the State as abandoned property. Cited herein: K.S.A. 58-3934; 58-3946; K.S.A. 1996 Supp. 58-3950; 58-3952; 58-3953; 58-3956; 58-3957; 79-2801; K.S.A. 79-2803; 79-2805.

Download or read book Attorney General Opinion No 1997 069 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1996 Supp. 8-1567a, making it unlawful for anyone less than 21 years of age to operate or attempt to operate a vehicle with a breath or blood alcohol content of .02 or greater, but less than .08, provides for a civil rather than a criminal proceeding for determining violation of its provisions. The only penalty for such violations is suspension of the individual's driver's license. The statute must be read in conjunction with K.S.A. 1996 Supp. 8-1001 and 8-1002 to determine the proceedings to be followed for notice, certification and hearing. The proceeding is administrative in nature and is to be conducted by the Division of Motor Vehicles. Nevertheless, the Division must file abstracts of court records of "convictions" based on violations of K.S.A. 1996 Supp. 8-1567a rather than substituting its judgment for that of the Court in determining the propriety of the Court's proceedings. Cited herein: K.S.A. 8-249; 8-286 (Furse 1991); K.S.A. 1996 Supp. 8-1001; 8-1002; 8-1014; 8-1567; 8-1567a; 21-3105; 23 U.S.C.A. section161; 23 C.F.R. section 1210.4.

Download or read book Attorney General Opinion No 1997 073 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of 1997 House Bill No. 2055, dealing with transfer-on-death titling of real property and release of mortgage or deed of trust on real property, do not violate the constitutional provision against bills containing more than one subject. Cited herein: Kan. Const., Art. 2, section 16; 1997 House Bill No. 2055; 1997 House Bill No. 2057, as amended by 1997 House Bill No. 2055, Section 8.

Download or read book Attorney General Opinion No 1997 011 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional exemption from property taxation for farm machinery and equipment does not require that the property be used exclusively for farming. K.S.A. 1995 Supp. 79-201j does have an exclusive use requirement. In that the constitutional exemption postdates the statutory exemption, is broader than the statutory exemption, and the legislature is precluded from limiting self-executing constitutional exemptions such as this, an exemption for farm machinery and equipment may be granted even if the property is subject to more than one use. Cited herein: K.S.A. 79-201i; K.S.A. 1995 Supp. 79-201j; Kan. const., art. 11, section 1.

Download or read book Attorney General Opinion No 1997 003 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of statutory authority, the residents of a city of the first class have no authority to dissolve as a corporate body that city. Cited herein: K.S.A. 15-111; Kan. Const., art. 12, section 5.

Download or read book Attorney General Opinion No 1997 039 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1997 Senate Bill No. 140, Sections 4 and 73 (access to records held by third parties) and Section 6 (social security numbers required on certain license applications) do not violate Section 15 of the Kansas Bill of Rights. Sections 8 through 24 (administrative procedures) allow the Secretary of the Kansas Department of Social and Rehabilitation Services (SRS) to obtain access to information, subpoena records, order genetic tests and enforce support duties by income withholding and administrative levy. There may be Section 15 issues regarding the manner employed by SRS in conducting investigations and gathering evidence, but the resolution of those issues will be factual in nature. Consequently, we decline to opine whether Sections 8 through 24 violate Section 15 of the Kansas Bill of Rights. Section 34 (liens on personal property) creates a preexisting right to certain personal property of a parent who is in arrears on a child support obligation and the due process procedural protections that are afforded to such parent comport with the Fourteenth Amendment to the United States Constitution. Unlike the procedural protections afforded by section 34,section 76 (liens on real property) contains no provisions for notice and an opportunity to contest the lien. Consequently, to the extent adequate due process proceedings are not available in the state of origin, that portion of Section 76 which allows a lien from another state to become a lien on real property in this state violates the Fourteenth Amendment. Sections 4 and 73 (access to records held by third parties) do not violate a right of privacy because the information at issue here serves a legitimate state interest in locating parents who owe child support and the assets of those parents. Such information is regarded as confidential and a person who discloses the information to unauthorized individuals is subject to criminal penalties. Moreover, section 6 (social security numbers required on certain license applications) does not violate a right of privacy because disclosure is required by federal law. Whether a right of privacy is violated by Sections 8 through 24 (administrative procedures) will depend upon whether there is a violation of one of the provisions of the United States Constitution which forms the basis for a right of privacy. Liens on personal and real property do not generally raise issues concerning privacy rights and are better analyzed under the Fourteenth Amendment. Sections 8 through 24 (administrative procedures) do not violate the separation of powers doctrine nor does section 10(e) [Secretary of Department of Social and Rehabilitation Services (SRS) authorized to designate SRS employees and independent contractors to exercise the powers of the Secretary in certain cases] violate Article 2, Section 1 of the Kansas Constitution which prohibits delegation of legislative authority to private individuals. Finally, Section 12 of the Kansas Bill of Rights which prohibits forfeiture of estate upon conviction does not appear to be implicated in 1997 Senate Bill No. 140. Cited herein: K.S.A. 1996 Supp. 20-1204a; K.S.A. 23-492; 23-496; 23-4,105; 23-4,117; 23-4,145; 23-4,147; K.S.A. 1996 Supp. 38-1115; 38-1118; 39-709; K.S.A. 39-753; K.S.A. 1996 Supp. 39-755; K.S.A. 39-758; 39-759; 60-2202; K.S.A. 1996 Supp. 60-1610; 60-2202; 74-146; K.S.A. 77-501; 77-601; 77-624; Kan. Const., Art. 3, section 1; Art. 2, section 1; Kan. Bill of Rights, sections 12, 15; U.S. Const., amend. IV, V, XIV; 5 U.S.C. section 552a; 42 U.S.C. section 666.